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I am in RI. I was denied due to being no evidence that my job environment being unsuitable and not taking steps to keep my job. I walked out of my job due to constantly being harassed while I was on the toilet. My co workers were shutting the lights off on me and banging on the door and turning the lights on and off on me on a daily basis a couple times per day and making nasty comments to me all the time also making me very uncomfortable. My supervisor who was one of the people doing this to me and would ask why I was in the toilet a lot and I told him I would get stomach aches but the abuse continued.
I also told unemployment I was being pressured to use the forklift when I was told I didn't have to use it before I took the job. I was never trained or certified to use it but would keep getting pressured to use it. I did not.
I forgot to tell unemployment the last 2 months I worked there I was only getting paid for 34 hours instead of 40. We worked 34 but got paid for 40, I was told this is how it would be before I started the job, but then 2 months ago I only got paid 34 and nobody ever told me they were going to do this. Should I mention this to appeal this?
Appealing is always worth it if you have some chance of a reversal of the denial.
However, the concern I have is that they are not denying you because you didn't have a good reason to quit, they are denying because you didn't prove it. If you appeal, they will require you to support your position with evidence.
Q? What evidence/documentation do you have to prove these things were occurring as you claimed?
Second, it looks like they are also denying due to a failure to try and preserve the employment relationship prior to quitting. If the regulations require you take certain steps before quitting, not taking those steps is a valid reason to deny.
Q? What steps did you take to alert the company of these issues so that you could stay employed?
Tell the judge about the bathroom harassment and other unprofessional things they did including your supervisor. Maybe they won't show up at the appeal and you win by default.
Good luck.
Tell the judge about the bathroom harassment and other unprofessional things they did including your supervisor. Maybe they won't show up at the appeal and you win by default.
Good luck.
This is a VQ. In Rhode Island, the employer is only required to show the claimant quit. If the claimant had stated they quit on their application, the employer isn't even required to send anything in since the claimant already certified that it was quit. As with many states, when a VQ is involved, the burden of proving it was for just cause rest solely on the claimant. However, the statutory administrative rules for establishing just cause still comes down to evidence and documentation. This was what appeared to be one of the reasons, the claimant lacked evidence to support their statements.
Plus when a VQ is involved, there's the secondary requirement to show the employee took the proper steps to grieve or alert the company and gave them reasonable time to correct the situation. This appears to be the second reason for denial, to attempt to preserve the employee-employer relationship.
Now, since RI operates De novo, the claimant can retailor their explanation to establish several valid just cause qualifying events providing they can back up their statements with evidence.
Tell the judge about the bathroom harassment and other unprofessional things they did including your supervisor. Maybe they won't show up at the appeal and you win by default.
Good luck.
What may happen if the supervisor and that coworker show up and deny about the bathroom harassments?
Hope the OP has a witness regarding those two were turning the lights off and on and banging on the door.
It's more and more difficult to get attorneys to do unemployment representation. Unless your in a BOR or Civil Court case, traditional unemployment representation is just too costly for the claimant for good representation at standard attorney fees. In those states with unemployment attorney pools, services, or regulated fees limited by law, it means you may not even see the attorney until half and hour before your hearing.
In some states like California or NJ, hiring an attorney is just throwing money away. CA provides every bit of information to claimants (including case determinations and examples) you can cite yourself and NJ isn't an actual denial but more a delay in getting benefits, so an attorney usually can't help you win, they can only prevent you from screwing up and throwing a win away.
Unless you have contemporaneous documentation of your harassment claims such as written requests to your supervisor to address the issue, you'll have a hard time winning your appeal. A simple "he-said, she-said" case almost always goes in favor of the employer. Make your case, hope for the best, prepare for the worst.
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